[27 Pa.B. 4615]
[Continued from previous Web Page] [(2) The fee is determined using actual income after the initial 2 service months. Actual income is the amount of income received in a TCC service month. Income received while a person is a recipient of Cash Assistance is not considered. The actual income reported on the MRF for the prior service month is used to set the fee for the following service month.
(3) If retroactive benefits are requested for 1 or more service months, the fee for each retroactive service month will be determined using the actual income received in each service month.]
§ 168.75. [Additions to the budget group] (Reserved).
[A person who enters the household is added to the TCC budget group if required under § 168.2 (relating to definitions). A person who enters the household will affect the TCC payment and fee calculation as follows:
(1) Eligible child. The child shall meet the eligibility conditions in this chapter to receive TCC payments.
(i) A payment is authorized for the child effective with the date the request for benefits is received.
(ii) The change in the child care fee is effective with the following TCC service month consistent with § 168.74(2) (relating to determining monthly child care fee).
(iii) A payment will be authorized retroactively to the date the child entered the home upon receipt of the required information and verification.
(2) Others. A change in the budget group is considered to have occurred if the person has resided in the home for at least 15 calendar days in a TCC service month. A person residing in the home for less than 15 calendar days in a TCC service month is not considered a member of the budget group for that service month.
(i) The increase in budget group size or countable income is effective with the TCC service month in which the change occurred.
(ii) The change in the child care fee is effective with the following TCC service month consistent with § 168.74(2).]
§ 168.76. [Deletions to the budget group] (Reserved).
[A person who leaves the budget group will affect the TCC payment and fee calculation as follows:
(1) Eligible child. A TCC payment for the child care is discontinued effective with the date the child left the home. The change in the child care fee is effective with the following TCC service month consistent with § 168.74(2) (relating to determining monthly child care fee).
(2) Others. A change in the budget group is considered to have occurred if the person has been out of the home for at least 15 calendar days in a TCC service month. A person out of the home for less than 15 calendar days in a TCC service month is considered a member of the budget group for that service month.
(i) The decrease in budget group size or countable income is effective with the TCC service month in which the change occurred.
(ii) The change in the child care fee is effective with the following TCC service month consistent with § 168.74(2).]
CHILD CARE PAYMENT METHODS § 168.81. Payment methods.
The Department [will] may make a [TCC payment as a partial reimbursement of] child care payment for child care expenses [paid or] incurred in a [TCC service] month.
[(1)] A [TCC] child care payment [will] may be issued as one of the following:
[(i)] (1) A direct check to the client when the child care provider is [either unregulated or regulated but] not enrolled in the Department's child care vendor [file] payment system.
[(ii)] (2) A vendor payment to the child care provider when the provider is [regulated and] enrolled in the Department's child care vendor [file] payment system.
[(iii)] (3) A restricted endorsement check made payable to the client and the child care provider when it has been demonstrated that the client failed to use a [prior TCC] child care payment for its intended purpose.
[(2) A retroactive TCC payment will be issued as a direct check to the client as reimbursement for out-of-pocket expenses if verification confirms that the client paid the provider directly for the full cost of care.]
RESTITUTION § 168.91. Restitution.
The Cash Assistance provisions of Chapter 255 (relating to restitution) apply to a recipient of [TCC with the following exceptions:
(1) Failure to use a TCC payment for its intended purpose does not constitute an overpayment.
(2) The provision for recoupment of overpayments does not apply to a TCC payment.] a child care payment.
APPEAL AND FAIR HEARING § 168.101. Appeal and fair hearing.
The Cash Assistance provisions of Chapter 275 (relating to appeal and fair hearing) apply to an applicant or recipient of [TCC] a child care payment with one exception: The requirement for an advance notice of adverse action will not apply to a change in the method of payment, unless the change would result in a discontinuance, suspension, reduction or termination of benefits or would force a change in child care arrangements.
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 183. INCOME
INCOME DEDUCTIONS § 183.94. AFDC earned income deductions.
For expenses related to employment of each individual in the AFDC budget group, subject to limitations in § 183.97 (relating to ineligibility for disregards from earned income for AFDC and GA), disregard in the following order:
* * * * * [(3) Personal expenses. The actual cost of care of dependent children or incapacitated individuals living in the same home and receiving AFDC, if no other sound plan can be made for their care, up to a maximum of:
(i) One hundred seventy-five dollars per month per child 2 years of age or older or incapacitated individual when the client is employed full-time.
(ii) One hundred fifty dollars per month per child 2 years of age or older or incapacitated individual when the client is employed part-time.
(iii) Two hundred dollars per month per child under age 2, regardless of whether the client is employed full-time or part-time.]
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR [SERVICES] SUBSIDY
CHAPTER 3040. SUBSIDIZED CHILD DAY CARE ELIGIBILITY
INTRODUCTION § 3040.1. Purpose.
This chapter establishes the requirements which shall be met by [income-] an eligible [families] family to receive subsidy to meet the cost of child day care [service subsidized with]. The subsidy is a nonentitlement benefit made available through limited Federal and State funds.
§ 3040.2. Definition of [service] subsidy.
(a) Subsidy is provided to assist an eligible family in the payment of child day care. Child day care [service] is [out-of-home] care provided for part of the 24-hour day. Subsidized child day care [service] is available to a child from birth to the date of the child's 13th birthday.
(b) A [caretaker] family shall [be employed, self-employed or receiving training] meet both financial and nonfinancial criteria to be eligible for subsidized child day care [service]. A family [that] in which a parent is [eligible for Title IV-A supportive services which include child day care] receiving TANF is not eligible for Federal or State funds related to subsidized child day care [service]. Subsidized child day care [service] may not be [provided] used for a child care arrangement as a substitute for a publicly-funded educational [programs] program, such as kindergarten, or other specialized treatment [programs] program. [This service is] Subsidized child day care may be provided in certified day care centers and group day care homes, registered family day care homes and those exempt under Chapters 3270, 3280 and 3290 (relating to the operation of child day care centers; group day care homes; and family day care homes).
(c) Special conditions pertain to a developmentally disabled child who has reached his 13th birthday. [That child] A family continues to be eligible for [care] subsidy if [the child's] a child in the family has a developmental age [is] of less than 13 years [old and if the caretaker continues to be eligible for service]. The child may remain [in service] eligible for subsidy until the child's developmental age reaches 13 years or until the child's chronological age reaches 18 years, whichever occurs first, if the developmental disability is documented by a licensed or certified psychologist, a licensed physician or by another specialist licensed or certified in the area of the disability. ''Developmental disability'' and ''individual assessment'' are defined in Chapter 3300 (relating to specialized day care services for children with disabilities).
§ 3040.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[AFDC--Aid to Families with Dependent Children--A Federal program matched with State funds which provides Cash Assistance to families which include dependent children who are deprived of the care and support of one or both parents due to absence, incapacity or unemployment.
AFDC benefit--The semi-monthly Cash Assistance check received by a family.]
Adjusted monthly gross income--Family income for a 4- week period adjusted to reflect months which are longer than 4 weeks. The Department uses [4.33] 4.3 as the adjusted number of weeks in a calendar month.
Advance weekly family fee--A [one-time] fee assessed to the [caretaker] parent which is equivalent to [the weekly family fee] 1 weekly family fee shall be paid in advance of the first week of child day care.
Adverse action--A Departmental action which forms the basis for an appeal by the [caretaker] parent.
Annual income--The [family] family's adjusted monthly gross income multiplied by 12 months.
Appeal--A written request by a [caretaker] parent or a person acting on behalf of the [caretaker] parent indicating disagreement with a Departmental decision affecting the family's eligibility for subsidized child day care [services] and requesting an opportunity to present the case for hearing under Chapter 275 (relating to appeal and fair hearing) and this chapter.
Application--A [caretaker's] parent's signed, dated request for subsidized child day care completed on a form approved by the Department.
CAO--County Assistance Office--The local office of the Department responsible for the determination of eligibility and service delivery in the Cash, Food Stamp and Medical Assistance Programs. [CAO services include the determination of eligibility and delivery of service for Title IV-A child care special allowances and TCC benefits
.Child care special allowances--Title IV-A child care special allowances, determined and administered by the local CAO. The term includes supportive service benefits for the actual cost of child care within established limits, when the care is needed to enable an eligible family member to participate in an approved education or training activity or to apply for employment.
Caretaker--The applicant for day care service with whom the child lives who is the individual responsible for documenting family eligibility for subsidized child day care service.]
Confirming notice--Written correspondence issued by the eligibility agent to substantiate an action regarding subsidized child care benefits. The notice includes appeal procedures.
Cost of care--The [weekly] daily amount that the child day care provider charges for each service type of child care[, or the Department's ceiling rate, whichever is less].
County ceiling rate--The maximum amount set for each county by the Department for subsidized child day care payment to a provider.
* * * * * Education--Enrollment in an elementary school, middle school or high school program which will lead to a high school diploma. The term includes enrollment in a GED program.
Eligibility agent--The entity, prime contractor or contractually designated subcontractor, with authority delegated by the Department to [provide or] purchase subsidized child day care [service, to] and determine a [caretaker's] family's eligibility [and to enforce the collection of fees].
Eligibility determination--A decision regarding a family's ability to [receive] meet the requirements of the subsidized child day care [service] program.
Eligibility redetermination--Periodic decisions regarding a family's continuing ability to [receive] meet the requirements of the subsidized child day care [service] program.
Employment--The condition of working for another person for income equal to or greater than the Federal or State minimum hourly wage standards, whichever is higher, established for the job. The income of employes receiving tips as part of their income, tips and hourly wages combined, shall equal or exceed the minimum wage. [The term also includes a caretaker who is enrolled in the On-The-Job Training component of the Joint Training and Partnership Act Program.] Laborers on a farm and individuals granted a subminimum wage exception by the Department of Labor and Industry are not subject to the minimum wage clause.
* * * * * Family--[The caretaker, the caretaker's spouse or live-in companion and unemancipated minor children who occupy a common residence. Unborn children are not included in the family. An unemancipated minor who is the caretaker of his unemancipated minor child is a separate family. A foster child is a separate family. A child who receives AFDC benefits is a separate family when the child lives with a grandparent who does not receive assistance and who is caring for the child because the child's parent is alcohol- or drug-dependent.] A group of individuals who reside in a common dwelling.
Fiscal year--A period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.
Fraud--Intentional provision of false information to the eligibility agent. Knowingly given by a parent, for the purpose of receiving funding for child day care; or willful withholding of information which leads to an overpayment for child day care.
Full-day enrollment--Care provided at a provider for 5 or more continuous hours per day.
Income--Periodic revenues, receipts or returns from labor, property or business. Income from employment or income profit from self-employment is considered in determining [the caretaker's and] the family's eligibility for subsidized child day care [service]. The term also includes cash or contributions which are not the result of employment or self-employment and which are received in exchange for work listed in Appendix A, Part I (relating to sources of earned or unearned income to be included, deducted and excluded in determining monthly gross income).
Legal guardian--An adult who is not the child's biological, adoptive, step or foster mother or father, or specified relative and who has been granted legal custody of a child by a court.
Live-in companion--An individual who is free to marry under Pennsylvania law and who resides in the common dwelling with the child's parent.
Minor--An individual under 18 years of age who is not emancipated by marriage or by the court and who is dependent on the income of the parent, the parent's spouse or the live-in companion of the parent.
Parent--A biological, adoptive, step or foster mother or father; a specified relative; or a legal guardian. Any of the individuals known as parent must live in the family's common dwelling and be responsible for the child for whom the subsidy is requested.
Partial redetermination--A face-to-face or telephone review of eligibility that does not include a review of all eligibility factors.
Part-[time attendance] day enrollment-- [Attendance] Child care at a [service site] provider for fewer than 5 hours per day, or part of a child day care wrap-around program.
Profit from self-employment--The income that remains after the allowable costs of doing business are subtracted from the total gross receipts.
Prospective employment or prospective [training] education--Employment or [training] education verified by the employer or [trainer] school official to begin within 30 calendar days of the day that the [caretaker] parent signs and dates the application for subsidized child day care. The term does not include job-seeking.
Provider--An organization or individual who directly delivers the child day care [service]. [The term may include the prime contractor, the contractually designated subcontractor or another licensed or registered child day care service site.]
Reimbursable daily rate--The cost of care or the county ceiling rate, whichever is less, less the assessed weekly family fee.
School-age child--A child enrolled in a public or private school system from first grade to the expiration of subsidy-eligible age. The term does not include a child enrolled in kindergarten, K-3, K-4 or any other prekindergarten program.
Self-employment--Operating one's own business, trade or profession for [income] profit equal to or greater than the hourly Federal or State minimum wage, whichever is higher.
[Service site--The child day care center, group child day care home or family child day care home where care is delivered to the child. To receive subsidized child day care funds, a service site will be certified by the Department or shall be exempt from the requirement for Departmental certification under Chapters 3270, 3280 and 3290 (relating to child day care centers; group day care homes; and family day care homes).]
Service type--One or more of the following types of child care which may be offered [at] by a [service site] provider: infant [/] care, young toddler care, older toddler care, preschool care, young school-age [care (all year or summer only)], older school-age or special needs care. The care may be offered on a full-[time] day or part-day basis; or in the case of school-age care during the school year or enrollment in a wrap-around program, on a part-day basis.
Specified relative--Any blood relative except second, third, and the like, cousins. The relationship may be one prefixed by grand, great-grand, or great, great-grand. Blood relatives include those of half-blood. Any blood relative listed in the preceding sentences of the adoptive parent. In the case of adoption, the term excludes the biological parent and the biological parents' relatives. The term includes a spouse of any person named in the group listed in this definition.
Subsidized child day care--[A day] Day care [service to children] paid for in part [or in full] with State or Federal funds.
Suspended subsidy--A temporary lapse of subsidized funding for a child which does not affect the family's eligibility status.
[TCC--Transitional Child Care Program--A Department Title IV-A benefit which provides, within established limits, a subsidy to eligible families for the actual cost of child care. Eligibility for TCC benefits is determined by the local CAO.]
TANF--Temporary Assistance for Needy Families Program--42 U.S.C.A. §§ 601--619--A Federal nonentitlement program which provides cash assistance to unemployed individuals who are working toward self-sufficiency. Eligibility for TANF is determined by the local CAO.
[Training program--An instructional program which enables the caretaker to establish a basic level of education, to establish basic skills in the English language or to attain skills which qualify the individual for a specific job. The term may include programs which lead to an associate degree but does not include programs which lead to a Baccalaureate or graduate degree]
Unit of care--An enrolled day of care with a single provider for any part of the 24-hour day.
[Unemancipated minor--An individual under 18 years of age who occupies the common family residence and who is dependent on the income of the caretaker and the spouse or companion of the caretaker.]
Waiting list--A list maintained by the eligibility agent which contains the names of [caretakers who are] families and their children determined to be eligible to receive subsidized child day care [service], but [who are not yet receiving the service] for whom subsidy is not currently available.
Weekly family fee--The family's copayment for 1 week of subsidized child day care [service].
Wrap-around day care program--A service which complements part-day publicly funded programs, such as Head Start, by providing care during hours of the day that the part-day program does not cover.
§ 3040.4. [Service] Subsidy goal.
The goal of subsidized child day care [service] is to enable [the income-eligible caretaker to be employed or to receive training] a parent of a family eligible for subsidy under this chapter to maintain employment or to be enrolled in an education program.
GENERAL REQUIREMENTS § 3040.11. Provision of [service] subsidy.
(a) A [caretaker] parent has the right to apply for subsidized child day care [service for the child in the caretaker's care].
(b) Subsidized child day care [service] may be provided only [to persons] for a child whose family is determined eligible by the eligibility agent and only up to the limits of available subsidized day care funds.
* * * * * (d) The Department has the responsibility to assure that subsidized child day care is [provided only] authorized to fund only a child of an eligible [families] family. [The Department will exercise its responsibility to monitor eligibility determinations completed by its eligibility agents.]
(e) Subsidized child day care is available only to provide care for children from a family where no other adult is available in the child's home during the hours of the day for which a parent requests subsidized child day care.
(f) The Department will identify, through its contracts with eligibility agents, criteria to be used to access available funding.
§ 3040.12. Notice of nondiscrimination; civil rights compliance.
(a) [A provider or] An eligibility agent may not discriminate against applicants for or recipients of Federal or State subsidized funds on the basis of age, race, sex, color, religious creed, national or ethnic origin, ancestry, sexual preference or handicap.
[(b) Discriminatory practices are specifically prohibited with respect to intake and application procedure, case assignments if applicable, methods of determining eligibility and the amount of the assessed family fee.]
(b) [(c) A provider or] An eligibility agent is required to offer [service] child care subsidy within the provisions of applicable civil rights laws[,] and regulations and amendments or revisions made thereto, as follows:
* * * * * § 3040.14. [Caretaker files] Family file.
An eligibility agent shall establish and maintain a separate family file for each [caretaker who requests service] parent who applies for subsidized child day care.
(1) The family file shall contain documents pertaining to eligibility determination, redetermination, subsidy authorization, fee agreements, [service agreements and] written notices required by this chapter and copies of all material submitted by the parent to verify eligibility and to document a child's disability.
(2) A [caretaker may] parent has a right to examine the caretaker's own family file.
§ 3040.15. Record retention and disposition.
An eligibility agent shall retain [caretaker] family files, completed application forms and [corresponding] written notices, and books, records and other fiscal and administrative documents pertaining to subsidized child day care. Records will be retained as follows:
(1) For 4 years from the end of the fiscal year in which child day care [service activities have] subsidy has been provided.
* * * * * § 3040.16. Confidentiality.
(a) The Department safeguards the use and disclosure of information on applicants for and recipients of subsidized child day care [service]. Agents of the United States, the Commonwealth and the Department who are responsible for review, evaluation or audit functions will have access to, and the right to the use and disclosure of, information on applicants or recipients of subsidized child day care [service]. This use and disclosure is confined to the agent's responsibility to carry out review, evaluation or audit functions. Disclosure of information beyond the scope of review, evaluation or audit functions performed by the agents requires the [caretaker's] parent's informed and written consent.
(b) Subsidized child day care information in the family file may be disclosed to the local CAO to ensure that funds are authorized appropriately.
§ 3040.17. Additional conditions or additional charges.
(a) Additional conditions [or charges] are prohibited as stated in this section. The eligibility agent [or the provider] may not:
(1) Impose eligibility conditions other than conditions listed in this chapter, which may include priorities for, [service] subsidy, categories of need or required fees.
(2) Require the [caretaker] parent to [accept] select a particular [service site] provider or combination of [service sites] providers as a condition of eligibility.
[(3) Impose additional charges for services which are not required as a condition of licensure or registration, with the exception of additional charges permitted in subsection (b).
(4) Impose additional charges for services not addressed under the stated terms of a subsidized contract with the Department.]
(b) Additional charges are permitted [as follows:] by the provider if the same additional charges are also assessed to nonsubsidy eligible families, and the subsidy-eligible family is informed of the additional charges prior to implementation.
[(1) The provider may impose additional charges for additional program service if:
(i) The service is optional for the child.
(ii) The provider offers alternative care at the service site at no additional charge at the time the optional service is rendered away from the service site.
(2) The provider may impose additional charges for meals or snacks, or both, if:
(i) A caretaker is given the written option of providing his own meals or snacks.
(ii) The cost of meals or snacks is not included in the daily rate.
(3) The provider may impose additional charges when the caretaker's use of the service exceeds the hours of care stated in writing at the time of enrollment.]
(c) If a subsidy-eligible parent chooses a provider whose published daily rate exceeds the Department's daily ceiling rate, the provider may assess a fee for an amount that represents the difference between the Department's daily ceiling rate and the provider's published daily rate for the type of care being requested.
(d) If a child's absences exceed 30 total enrollment days in a fiscal year, the parent is responsible to pay the provider's published daily rate for each day of absence starting with the 31st absent day. Suspended days of service as referenced in § 3040.52(d) (relating to eligibility agent responsibilities) are not considered days of absence.
§ 3040.18. Citizenship.
[A caretaker] An applicant for subsidized child day care service shall be a citizen of the United States [or shall be], an alien lawfully admitted for permanent residence or otherwise permanently residing under color of law.
§ 3040.19. [Service] Subsidy disruption.
(a) If a [caretaker's service] child's care at a [subsidized child day care service site] provider is disrupted due to the provider's loss of the Department's certification or [due to the provider's financial difficulty] any other reason which prevents the child's continued care, the [caretaker] child is eligible for [service] subsidy at another [available subsidized child day care service site] provider.
(b) If a [caretaker] child loses [service] care as a result of circumstances referenced in subsection (a), and if funding for subsidized child day care [service] is not immediately available [at] for another [service site] provider, the [caretaker] child's subsidy shall be [placed on] suspended and the child shall be returned to the waiting list [of the service site of the caretaker's choice] according to the date of initial eligibility for subsidized child day care until another provider has been selected and subsidy is available to support care at the selected provider.
(c) If the eligibility agent cannot continue to subsidize the number of children enrolled in subsidized child day care due to a shortfall in State or Federal funding or management of funding by the eligibility agent, subsidy to a child will be suspended. Families with the highest income will be suspended first.
(d) A child whose subsidy has been suspended under this section will be placed on the waiting list according to the date of the child's enrollment in the subsidized child day care program.
§ 3040.20. Limitations and benefits.
(a) A parent's selection of child care providers is limited as follows:
(1) Total child care costs may not exceed 100% of gross annual income when care is needed for one or two children.
(2) Total child care costs may not exceed 150% of gross annual income when care is needed for three children. For each additional child, 50% is added to the gross annual income limit.
(b) A subsidy-eligible child may receive the following benefits:
(1) One unit of care in a 24-hour period.
(2) A maximum of 262 units of care in a fiscal year to include:
(i) A maximum of 15 units of care for provider closures.
(ii) A maximum of 30 units of care for absence from the provider.
(3) Care from a provider eligible to participate in the subsidized child day care program, and who agrees to comply with the Department's standards for provider participation.
(c) A child may not receive subsidy if the child's parent is the operator of a registered family day care home, a certified group day care home or day care center (see Chapter 3270, 3280 or 3290 (relating to child day care centers; group child day care homes; and family child day care homes)) or is the operator of a legally unregulated day care home.
§ 3040.20a. Grandfathering provisions.
A child who is enrolled in the subsidized child day care program prior to January 1, 1998, may continue to receive subsidized child day care until December 30, 1999, without regard to the eligibility conditions established in this chapter, if:
(1) The family income is between 186 and 235% of the FPIG. If the family income during this period exceeds 235% of the FPIG, the child is ineligible for subsidy. The parent of a child grandfathered under this section shall be required to pay the family fee established for a family of its size at 185% of FPIG effective January 1, 1998.
(2) The family eligibility was established based on the parent's participation in an approved training program and gross family income does not exceed 235% of the FPIG. If the training program which established eligibility is completed prior to December 30, 1999, and, if at that time the parent does not meet the employment requirements, the family is ineligible for subsidy.
§ 3040.28. Composition of a family.
(a) A family may include:
(1) The child for whom subsidized child day care is requested; the child's parent; the parent's spouse or live-in companion; biological, step or adoptive minor siblings of the child; and biological, step or adoptive minor children of the parent or live-in companion, or both.
(2) The child, the child's parent who is a minor, the child's grandparent, the grandparent's spouse or live-in companion and other minor children of the grandparent or live-in companion.
(b) A foster child may be counted as either a separate family or as part of the foster family for purposes of determining family size.
(c) A parent who formerly received TANF shall be exempt from subsection (a)(1) for 6 months from the date TANF benefits were exhausted. The 6-month period will begin the day after TANF eligibility ends.
(d) An individual may not be included in more than one family.
ELIGIBILITY REQUIREMENTS § 3040.31. General requirements regarding family eligibility.
[To be eligible] For a child to receive subsidized child day care [service], the family or parent shall [meet the following requirements]:
(1) [The family shall reside] Reside in this Commonwealth. The parent shall apply in his county of residence. In counties where there is more than one eligibility agent for the county, the parent shall apply to the eligibility agent who is assigned the responsibility for the zip code of the family's residence.
(2) [A family shall be] Be financially eligible as required by § 3040.32 or § 3040.33 (relating to [documentation of] financial eligibility; and documentation of self-employed income).
(3) [A family shall be] Be nonfinancially eligible as required by § 3040.34 (relating to [documentation of] nonfinancial eligibility).
(4) Meet employment or education requirements. A parent entering the subsidized child day care program from the TANF Program shall be employed. A former TANF parent will be assigned a redetermination date 6 months from the day following the date TANF ends. The eligibility agent shall contact the parent within 90 days of the date TANF ends to discuss eligibility criteria for the subsidized child day care program.
(5) Provide a signed release of information statement for each family member 18 years of age or older permitting the eligibility agent to obtain verification of information provided regarding eligibility requirements.
(6) Provide a Social Security number, or evidence of application for a Social Security number, for each family member.
(7) Provide documentation that child support has been sought prior to the determination of eligibility for subsidized child day care including:
(i) Establishing paternity for a child when a court order regarding support is not available.
(ii) Initiating a support action against biological parents by a legal guardian.
(8) Provide documentation of legal guardianship.
§ 3040.31a. [General requirements regarding family eligibility--statement of policy] (Reserved).
[A family shall apply in its county of residence to be determined eligible for the subsidized child day care program. In counties where there is more than one eligibility agent for the county, the family shall apply to the eligibility agent who is assigned the responsibility for the zip code of the family's residency.]
§ 3040.32. [Documentation of financial] Financial eligibility.
(a) The [caretaker] parent shall provide documentation of earned income for employed [or training] family members as follows:
(1) [Paystubs] Income documentation for any 4 consecutive weeks within the most recent 6 week period. [Paystubs] Documentation shall indicate the gross earned income for the 4-week period.
(2) If [paystubs are] income documentation is not available at the time of application because the employed family member has not been employed for 4 weeks, written documentation of anticipated gross earned income from the employer is sufficient evidence of earnings. The documentation is satisfactory until, but not after, the [caretaker] family member has been employed for [6] 8 consecutive weeks.
(3) If [the] income is received in cash, written employer documentation of gross earned income for 4 consecutive weeks within the most recent 6-week period is sufficient evidence.
[(b) The caretaker shall provide documentation of employment for employed family members. Documentation of employment shall be dated and signed with the name and title of an approved representative of the employer and includes the following:
(1) The name of the employer--the legal entity or the business.
(2) The days of the week the family member is employed.
(3) The starting and ending hours of each day the family member is employed.
(4) Information which details the frequency of pay.]
[(c)] (b) The eligibility agent shall require, and the [caretaker] parent shall provide, documentation of all [other] unearned family income. See Appendix A, Part I (relating to sources of earned or unearned income to be included [, deducted and excluded in determining monthly gross income]) which lists the sources of unearned income which are [assessed] to be included when computing the adjusted monthly gross income.
[(d) The earned income of unemancipated minors is not included for purposes of documenting financial eligibility. An individual 18 years of age or older but under 22 years of age who is enrolled in an educational program leading to a degree or diploma may be considered an unemancipated minor if the individual is wholly or partly dependent upon the income of the caretaker and the spouse or companion of the caretaker. That individual may or may not live in the common family residence on a full-time basis.]
(c) The parent shall seek all available income listed in Appendix A, Part I (relating to income inclusions). Exception: Financial assistance available to the family through the CAO will not be counted as available income.
(d) The parent shall document all income deductions listed in Appendix A, Part II (relating to income deductions).
(e) The parent shall document all claimed income exclusions listed in Appendix A, Part III (relating to income exclusions).
(f) Family income may not exceed the Department's maximum gross income ceiling of 185% FPL.
§ 3040.33. Documentation of self-employed income.
(a) Determining a self-employed status. [For a family member to] to be considered self-employed, the family member alone shall assume the responsibility for deductions related to withholding taxes, income taxes and Social Security payments. Social Security payments shall be made in the proper percentage for self-employed persons. If another person or entity has that responsibility, the [caretaker cannot] family member cannot claim a self-employed status.
(b) Acceptable documentation of income.
(1) [Acceptable documentation of income from self-employment is a] A copy of the [individual's] family member's Federal income tax return, including Schedule C (pertaining to self-employment), which was filed [at the end of] for the preceding Federal [fiscal] tax year and which documents [the individual's gross earnings] profit for that year. The family member's profit from Schedule C, or other forms or schedules related to income, will be used as income for purposes of determining eligibility for subsidized child day care.
(2) If the [individual] family member cannot [present] provide a Federal income tax return which documents [gross earnings] profit from self-employment, a notarized statement of gross earnings, minus allowable cost of doing business, for the preceding Federal tax period is acceptable and is valid until the next quarterly Federal tax return is filed. At that time, a redetermination of eligibility shall be completed.
(3) An annual Federal income tax return may only be used as income documentation when the family member has been self-employed for more than 1 year in the same business, and is valid only until the next quarterly statement is filed.
§ 3040.34. [Documentation of nonfinancial] Nonfinancial eligibility.
(a) The family shall be nonfinancially eligible based on employment, education and need for child day care.
(b) A [caretaker] parent shall provide the following documentation [of nonfinancial eligibility] for family members [as follows]:
(1) [The service shall be needed at least 3 days which include at least 20 hours per week. To receive service, the hours of need] That child day care shall coincide with the hours of [available service] the parent's employment or education.
[(2) If service is needed 3 or 4 days per week, a child may be enrolled for 5 days.]
[(3) At] (2) That the parent must indicate that he has worked the number of hours required in paragraph (4) and has at least 4 [20-hour work] weeks of employment within the most recent 6-week period [shall be documented. Documentation shall reference the]. The number of hours and days employed in each week shall be referenced in the documentation provided to the eligibility agent. [The eligibility agent may average the hours of employment or training in the 4-week period.]
(3) [(4) Documentation of enrollment in an accredited training program shall be provided.] That a minor parent is enrolled in an education program and is attending on a full-time basis. Documentation shall be [dated and signed with the name and title of an approved representative of the training program and include] provided to the eligibility agent on a form which contains the following:
(i) The name and address of the [accredited training program or accredited training institution] school or GED program in which the minor parent is enrolled.
[(ii) The content or course of study of the training and the degree, if any, to be conferred upon completion of the training.]
[(iii)] (ii) The days of the week the [trainee receives training at the program] minor parent attends school or a GED program.
[(iv)] (iii) The [training] daily hours, to include daily starting and ending times [of the training], the minor parent attends school or a GED program.
[(v) The employment for which the trainee is prepared upon completion of the program.]
[(vi)] (iv) The expected [ending date of training] high school graduation date, GED program completion date or date the school year ends.
(v) The name, title and signature of the school official who has completed the form and the date of completion.
(4) That a parent shall meet the following employment criteria:
(i) Until June 30, 1998, the parent shall be employed at least 3 days, which includes at least 20 hours of work per week.
(ii) Beginning on July 1, 1998, and continuing through June 30, 1999, the parent shall be employed at least 3 days, which includes at least 25 hours of work per week.
(iii) Beginning on July 1, 1999, the parent shall be employed at least 3 days, which includes at least 30 hours of work per week.
(5) That all family members are citizens or lawfully admitted aliens.
(6) That the parent shall provide identification to the eligibility agent of one or more of the following:
(i) A Social Security card.
(ii) A driver's license.
(iii) A selective service card.
(iv) A passport.
(v) Military discharge papers.
(vi) A voter's registration card.
(viii) Verifiable photo identification.
(7) That the parent shall provide a Social Security number for each family member.
(8) That the parent shall demonstrate the need for subsidized child day care to permit uninterrupted sleeping time necessary to continue employment. The work shift shall end between the hours of 2 a.m. and 9 a.m.
(9) That the county children and youth agency responsible for foster placement has approved, in writing, the enrollment of a foster child in subsidized child day care.
(c) The parent shall provide documentation of employment for all employed family members on a form which includes the following:
(1) The name and address of the employer, and the legal entity or the business.
(2) The telephone number of the employer.
(3) The employe's job title.
(4) The days of the week the family member is employed.
(5) The starting and ending hours of each day the family member is employed.
(6) Information which details the frequency of pay and gross income.
(7) The name, title and signature of the representative of the employer completing the form and the date of completion.
(8) Other information required by the eligibility agent, if approved by the Department.
(d) A self-employed parent shall provide documentation of employment with a notarized statement which contains the information specified in subsection (c), or sign a document in the presence of the eligibility agent.
§ 3040.34a. [Documentation of nonfinancial eligibility--statement of policy] (Reserved).
[A caretaker is not entitled to receive subsidized child day care on days which the caretaker is not employed or enrolled in a training program.]
§ 3040.35. Factors affecting eligibility status.
The [caretaker] parent shall report financial or nonfinancial changes in the family to the eligibility agent within 10 calendar days following the date of the change. The following changes shall be reported:
(1) Employment status, including changes in the rate of pay or days and hours worked.
(2) [Training status] Education program status.
* * * * * (4) The continuation or completion of [a training program] an education program.
* * * * * (8) [The documented inability to continue employment or training] Disability status.
* * * * * (10) [Residency, within this Commonwealth or out of this Commonwealth] Change of address.
(11) [Migrant status] Legal custody or placement under a court order.
§ 3040.36. Inability to be employed or [in training] continue participation in an education program.
(a) If, during a period of subsidized child day care [service], a single [caretaker] parent, or in a two-parent family, one [caretaker] parent or spouse or live-in companion of the [caretaker] parent, or the [caretaker] parent and the spouse or live-in companion of the [caretaker] parent become unable to continue employment, self-employment or [training] their education and the disability renders the parent unable to care for the child, and [if] the [caretaker] parent requests continuing subsidized child day care service, the condition causing the inability to be employed, self-employed or in [training] an education program and the inability to care for the child shall be documented with the eligibility agent [.] as follows:
(1) [The documentation shall be written] A medical assessment form shall be completed by a licensed or certified psychologist, a licensed physician or [by a] another specialist licensed or certified [specialist] in the area of the disability.
(2) The [documentation] assessment shall describe the condition causing the inability to be employed, self-employed or in [training] an education program.
(3) The assessment shall describe how the condition causing the inability to be employed, self-employed or in an education program prohibits the parent from providing care for the children for whom subsidy is requested.
(4) The assessment shall describe how long the disability is expected to continue.
(b) Subsidized child day care [service] to a [family] child may continue up to [1 year] 6 months if the conditions stated in subsection (a) are met.
(c) A two-parent family may be eligible for subsidized child day care if one parent is disabled and the disability renders that parent unable to be employed, self-employed or educated, and renders the parent unable to provide child care while the nondisabled parent is working. The condition causing the inability to be employed, self-employed or educated, and the inability to provide child care shall be documented with the eligibility agent as stated in subsection (a).
(d) The disability of a parent in a two-parent household shall be further documented by provision of one of the following income information related to disability payment sources:
(1) Social Security Disability.
(2) Supplemental Security Income (SSI).
(3) Worker's Compensation.
(4) One hundred percent Veterans Disability.
(5) One hundred percent of any other type of work-related disability.
(e) If the disabled parent is not receiving income related to the disability, the disabled parent shall apply for disability benefits. The family shall be determined eligible for subsidized child day care until a final decision is made regarding the disabled parent's eligibility for disability benefits, or for no more than 2 years from the date of the onset of the disability, or subsidized child day care, whichever occurs first.
§ 3040.37. Attendance requirements.
(a) The child is expected to attend day care [at the service site] on all days for which the [caretaker] parent agrees that the child needs care. Those days are specified in writing at the time the [family] child is enrolled in [service] subsidized child day care.
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